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HUMAN SERVICES (MEDICARE) REGULATIONS 2017 - NOTES

- made under the Human Services (Medicare) Act 1973

made under the

Human Services (Medicare) Act 1973

Compilation No. 3

Compilation date: 15 December 2020

Includes amendments up to: F2020L01602

Registered: 12 January 2021

About this compilation

This compilation

This is a compilation of the Human Services (Medicare) Regulations 2017 that shows the text of the law as amended and in force on 15 December 2020 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self-repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

 

 

 

Contents

Part 1--Preliminary

1 Name

3 Authority

5 Definitions

6 Person affected by an emergency

Part 2--Prescribed functions relating to aged care

7 Prescribed functions relating to aged care

8 Requesting information relating to payments

9 Classification etc. of care recipients

10 Renewal and change of classifications

11 Payment of subsidies

12 Financial hardship

13 Receiving notifications of start and end of care

14 Reconsideration and review of decisions

15 Disclosure of certain information

16 Appointment of authorised officers etc.

17 Investigation and recovery of recoverable amounts

18 Recoverable amounts and refunds

19 Write-off and waiver of debt

20 Withdrawal of applications

21 Functions to be performed in accordance with Principles under the Aged Care Act and the Aged Care Transitional Act

Part 3--Other prescribed functions

22 Other prescribed functions

23 Delegated functions

24 Prescription shoppers

25 Provision of emergency services

26 Lifetime health cover

27 Inappropriate practices

28 Provision of pharmaceutical benefits

29 Hearing services

30 Military compensation

31 Claims for treatment provided under certain legislation

32 Registration of sonographers

33 Mental health care by medical practitioners

34 National Bowel Cancer Screening Register

35 Allocation of identification numbers

Part 4--Miscellaneous

36 Prescribed period

Part 5--Transitional provisions

37 Definitions

38 Things done by, or in relation to, the Chief Executive Medicare

39 Things started but not finished by the Chief Executive Medicare

Endnotes

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

 

Endnotes

Endnote 1--About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1--About the endnotes

Endnote 2--Abbreviation key

Endnote 3--Legislation history

Endnote 4--Amendment history

Abbreviation key--Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history--Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.

 

Endnote 2--Abbreviation key

 

ad = added or inserted

o = order(s)

am = amended

Ord = Ordinance

amdt = amendment

orig = original

c = clause(s)

par = paragraph(s)/subparagraph(s)

C[x] = Compilation No. x

/sub-subparagraph(s)

Ch = Chapter(s)

pres = present

def = definition(s)

prev = previous

Dict = Dictionary

(prev ... ) = previously

disallowed = disallowed by Parliament

Pt = Part(s)

Div = Division(s)

r = regulation(s)/rule(s)

ed = editorial change

reloc = relocated

exp = expires/expired or ceases/ceased to have

renum = renumbered

effect

rep = repealed

F = Federal Register of Legislation

rs = repealed and substituted

gaz = gazette

s = section(s)/subsection(s)

LA = Legislation Act 2003

Sch = Schedule(s)

LIA = Legislative Instruments Act 2003

Sdiv = Subdivision(s)

(md) = misdescribed amendment can be given

SLI = Select Legislative Instrument

effect

SR = Statutory Rules

(md not incorp) = misdescribed amendment

Sub-Ch = Sub-Chapter(s)

cannot be given effect

SubPt = Subpart(s)

mod = modified/modification

underlining = whole or part not

No. = Number(s)

commenced or to be commenced

 

Endnote 3--Legislation history

 

Name

Registration

Commencement

Application, saving and transitional provisions

Human Services (Medicare) Regulations 2017

11 Aug 2017 (F2017L01008)

12 Aug 2017 (s 2(1) item 1)

 

Veterans' Affairs Legislation Amendment (British Commonwealth Occupation Force) Regulations 2017

18 Dec 2017 (F2017L01652)

Sch 1 (items 3, 4): 19 Dec 2017 (s 2(1) item 1)

--

Safety, Rehabilitation and Compensation Legislation (Defence Force) Consequential Amendment Regulations 2018

20 Apr 2018 (F2018L00502)

Sch 1 (items 4-6): 21 Apr 2018 (s 2(1) item  4)

--

Health Legislation Amendment (Administration) Regulations 2020

14 Dec 2020 (F2020L01602)

Sch 1 (item 3): 15 Dec 2020 (s 2(1) item 1)

--

 

Endnote 4--Amendment history

 

Provision affected

How affected

Part 1

 

s 2.....................

rep LA s 48D

s 4.....................

rep LA s 48C

Part 3

 

s 28....................

am F2017L01652; F2018L00502

s 30....................

am F2018L00502

s 31....................

am F2017L01652; F2018L00502

s 35....................

am F2020L01602

Schedule 1................

rep LA s 48C

 

 


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